4:25-cv-05700•Alfaro Cisneros v. Bradford, et al.
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Gerson Isai Alfaro Cisneros, Petitioner, v. Bret Bradford, et al., Respondents. § § § § § § § § § § § Civil Action No. 4:25-cv-05700 MEMORANDUM AND RECOMMENDATION On January 23, 2026, Petitioner Gerson Isai Alfaro Cisneros filed a motion to withdraw his request for relief under 28 U.S.C. § 2241. Dkt. 12. According to the motion, Cisneros’s habeas petition—which asked that he be released from the custody of the U.S. Immigrations and Customs Enforcement, or, alternatively, receive a bond hearing under 8 U.S.C. § 1225(b)(2)(A)—is moot because an Immigration Judge recently granted his motion for voluntary departure under 8 U.S.C. § 1229. Dkt. 12 at 2; see also Dkt. 12-1 at 2-3 (January 12, 2026 order). “Article III of the Constitution limits federal ‘Judicial Power,’ that is, federal-court jurisdiction, to ‘Cases’ and ‘Controversies.’” U.S. Parole Comm’n v. Geraghty, 445 U.S. 388, 395 (1980). A case becomes moot “when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in United States District Court Southern District of Texas ENTERED February 18, 2026 Nathan Ochsner, Clerk Case 4:25-cv-05700 Document 13 Filed 02/18/26 in TXSD Page 1 of 2
2 the outcome.” Id. at 396 (quoting Powell v. McCormack, 395 U.S. 486, 496 (1969)). If a controversy becomes moot, the case must be dismissed for lack of jurisdiction. Lewis v. Continental Bank Corp., 494 U.S. 472, 477 (1990). Because he has been granted voluntary departure, Cisneros is no longer subject to continued immigration detention. That leaves no live issue for this Court to resolve. Accordingly, Cisneros’s motion to withdraw his habeas petition should be granted, and this case should be dismissed as moot. Recommendation For the foregoing reasons, it is RECOMMENDED that Cisneros’s motion to withdraw (Dkt. 12) his habeas petition be GRANTED and that this case be DISMISSED WITHOUT PREJUDICE as moot. The parties have fourteen days from service of this Report and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Failure to file timely objections will preclude appellate review of factual findings and legal conclusions, except for plain error. Ortiz v. City of San Antonio Fire Dep’t, 806 F.3d 822, 825 (5th Cir. 2015). Signed on February 18, 2026, at Houston, Texas. ______________________________ Yvonne Y. Ho United States Magistrate Judge Case 4:25-cv-05700 Document 13 Filed 02/18/26 in TXSD Page 2 of 2
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